BANGLADESH TELECOMMUNICATION REGULATORY COMMISSION Shetu Bhaban, New Airport Road, Banani, Dhaka-1212

No. BTRC/LL/INF.-SHARING(304)/2008-1011

Date: 31-07-2008

DRAFT GUIDELINES FOR INFRASTRUCTURE SHARING

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Table of Contents
Sl. No.
1. 2. 3. 4. 5. 6.

Topic
Introduction Objectives of the Guidelines Definitions Types of Infrastructure Sharing General Terms and Conditions for Infrastructure Sharing Procedure for Infrastructure Sharing

Page No.
3 3 4 6 6 7

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BANGLADESH TELECOMMUNICATION REGULATORY COMMISSION GUIDELINES FOR INFRASTRUCTURE SHARING

1.
1.1

Introduction:
Bangladesh Telecommunication Regulatory Commission (the Commission) has the responsibility under the Bangladesh Telecommunication Act 2001 (the Act) to ensure, in keeping with the prevalent economic realities of Bangladesh, access to reliable, reasonably priced and modern telecommunication services to the greatest number of people as far as practicable. In pursuance of Section 31 (2) (r) of the Act, the Commission is empowered to issue instructions/guidelines to be followed by the licensees and service providers relating to various apparatus as defined in the Act and the infrastructure of the same. Sharing Infrastructure is an approach to minimize the cost of network deployment and to protect the environment by reducing the proliferation of towers and facilities installation. Therefore, there is urgency for sharing infrastructure among the telecommunication service providers. Sharing infrastructure reduces cost and allows better and efficient service for the subscribers. It will also enhance competition amongst telecommunications operators in more cooperative environments. These guidelines are formulated to encourage telecommunication service providers to remove uncertainty and create framework for better cooperation in infrastructure sharing. Infrastructure sharing includes requirement to lease out/rent out/swapping infrastructure on a nondiscriminatory basis to other service providers. These guidelines are to be read subject to the Act and any other relevant laws, Rules, Regulations and in conjunction with the respective operators license conditions. The Commission has the right and authority to change, amend, vary or revoke any part of these guidelines and also to incorporate new terms and conditions necessary for the interest of national security, or public interest, or any other reason whatsoever.

1.2

1.3

1.4

2.
2.1

Objectives of the Guidelines: The objectives of these guidelines are as follows:

To maximize the use of network facilities including but not limited to network capacity and capabilities, base station sites, backbone, towers etc. to enhance sharing and reduce duplication of investment for network facilities.
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2.2

To promote the availability of wide range of high quality, efficient, cost effective and competitive telecommunication services throughout Bangladesh by ensuring optimum utilization of telecommunication resources. To protect the environment by reducing the land use as well as infrastructure and facilities installations thereby not changing the aesthetics of the countrys landscape. To optimize operators capital expenditure on supporting infrastructure.

2.3

2.4

3.

Definitions: Unless the context otherwise requires, the different terms and expressions used in these guidelines shall have the following meaning assigned to them. The headings are given for the sake of convenience only and do not carry any special meaning. Definitions and interpretations not listed here shall bear the same meaning as contained in the Act.
Act means the Bangladesh Telecommunication Act, 2001 (Act No. XVIII of 2001). Commission means the Bangladesh Telecommunication Regulatory Commission established under the Bangladesh Telecommunication Act 2001. Infrastructure Provider means any telecommunications operator who owns or is in control of a facility or infrastructure access to which another operator desires for purposes of collocation or infrastructure sharing. Infrastructure Seeker means any telecommunications operator desirous of collocating or sharing a facility or infrastructure owned or in the control of another telecommunications operator. License means an license issued or deemed to have been issued by the Commission under the Act for establishing or operating a telecommunication system or for providing telecommunication service or for operating or maintaining such system or service or for using a radio apparatus. Licensee means the person to whom the Commission has issued this License. Operator means an organization or a person licensed for establishing or operating a telecommunication system or providing telecommunication service or operating a system which is the combination or more than one of those facilities. Quality of Service (QoS) is evaluated on the basis of measures on the grade of service, calls lost due to wrong processing, bit error rate, response time, acceptable number of faults per unit subscribers served, and mean time to restore (MTTR), faults carried over beyond the MTTR and satisfactory disposal thereof.

3.1 3.2

3.3

3.4

3.5

3.6 3.7

3.8

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3.9

Regulation means, regulations made or will be made in the future by the Commission under the Act. Telecommunication means transmission and reception of any speech, sound, sign, signal, writing, visual image and any other intellectual expression by the way of using electricity or electro-magnetic or electro-chemical or electro-mechanical energy through cable, radio, optical fiber or other electro-magnetic or electro-chemical or electromechanical or satellite communication system. Telecommunication Service means any of the following services: 3.11.1 Transmission or reception, with the help of a telecommunication system, or anything that falls within the purview of the definition of telecommunication. 3.11.2 Any value added telecommunication service (e.g. fax, voice mail, paging service). 3.11.3 Internet services. 3.11.4 IP-TV services. 3.11.5 Supply of information or directory relating to a telecommunication system for the convenience of using a service mentioned in (3.11.1), (3.11.2), (3.11.3) and (3.10.4) above. 3.11.6 Service for installation or a service relating to the adjustment, alteration, repair, moving or replacement of such apparatus.

3.10

3.11

3.12

Telecommunication System means a combination of the telecommunication apparatus (e.g. switching system, transmission apparatus, terminal apparatus, satellite etc.) whether or not these equipments are visibly connected with one another, or whether or not they are combined in using the transmission or reception of any information or message. Tariff means rates, charges payable by a subscriber/party for service provided and related conditions at which telecommunication services may be provided including deposits, installation fees, rentals, usages charges and any other related fees or service charges.

3.13

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4.

Types of Infrastructure Sharing: Infrastructure sharing is classified broadly in two

categories. These are Passive Infrastructure Sharing and Active Infrastructure Sharing. 4.1 Passive Infrastructure Sharing: Passive Infrastructure Sharing is the sharing of non-electronic infrastructure & facility. It means sharing of physical sites, buildings, shelters, towers/masts, electric power supply and battery backup, grounding/earthing, air conditioning, security arrangement, poles, ducts, trenches, right of way, optical fiber access and backbone network, wired access and backbone network, database etc. Active Infrastructure Sharing: Active Infrastructure Sharing is the sharing of electronic infrastructure & facility. It means sharing of Base Transceiver Station (BTS)/Node B, spectrum, antenna, feeder cable, Radio Access Network (RAN), microwave radio equipment, billing platform, switching centers, router, Base Station Controller (BSC)/Radio Network Controller (RNC) etc.

4.2

5.
5.1

General Terms and Conditions for Infrastructure Sharing:

These guidelines are only applicable for passive infrastructures sharing amongst all existing and future telecommunication operators having license from the Commission. Infrastructure sharing shall be provided based on the principles of neutrality, nondiscrimination, equal access and fair play. Operators shall enter into bi-lateral or multi-lateral agreement for sharing infrastructure. Tariff for infrastructure sharing shall be mutually agreed subject to approval of the Commission. The operators shall provide capacity on its infrastructure to other operators on a first come, first serve basis, determined in accordance with the order in which it receives requests for infrastructure sharing. The operators shall have to fulfill all of their individual obligations including but not limited to rollout obligations as contained in their individual licenses irrespective of infrastructure sharing commitments with other operators. Infrastructure sharing agreements (existing and future) shall specify the contractual terms and conditions agreed on by the parties. All such agreements (to be executed) shall be submitted to the Commission within 15 days from the date of agreement. The existing

5.2

5.3

5.4

5.5

5.6

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agreements shall be modified/amended/altered/changed/updated as per these guidelines and submitted to the Commission within 15 days of publication of these guidelines. 5.7 All operators shall publish on their web sites detailed information regarding its existing and new infrastructure installations available for sharing with other operators. The list shall be updated on monthly basis. Infrastructure sharing shall not affect Quality of Service (QoS). Operators shall/may jointly build, maintain and operate new passive infrastructure for providing telecommunication services to the subscribers. Licensees will not be permitted to build optical/wired backbone network if such networks of other operators/network service providers are already available for utilization. New passive infrastructure shall be built keeping in view the requirement of other service providers potentially interested in sharing the infrastructure subject to obtaining permission from the Commission. Facilities which have been built prior to these guidelines can only be shared if necessary permission for sharing facilities already been sought by the operators.

5.8 5.9

6.
6.1

Procedure for Infrastructure Sharing:

Infrastructure Seeker shall submit request to Infrastructure provider expressing the interest of sharing infrastructure. Infrastructure Provider shall enter into negotiation with other operators to share the infrastructure. Request for sharing infrastructure to the Infrastructure Providers and the approval/rejection of the request by the Infrastructure Provider must be in writing according to the Form A and Form B respectively. All negotiations for infrastructure sharing must be done in utmost good faith. The Infrastructure Provider shall not: a) Obstruct, delay negotiations in resolving disputes. b) Refuse to provide information relevant to an agreement including information necessary to identify the facility needed. c) Refuse to designate proper representative to expedite negotiation.

6. 2

6.3

6.4

Infrastructure Providers shall reserve the right to refuse an application for infrastructure sharing on grounds of insufficient capacity. Infrastructure Providers have the right to reserve not more than 25% of spare capacity.

6.5

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6.6

The period to respond (either acceptance or rejection) by the Infrastructure Provider to any request for sharing infrastructure shall be 3 (three) weeks and the timeframe for negotiation of an infrastructure sharing agreement shall be 4 (four) weeks from the date of receiving the request. If no response is received within 3 (three) weeks of request, the Infrastructure Seeker shall refer the matter to the Commission and the Commission shall take necessary steps. The Infrastructure Seekers may sub lease/rent out the shared infrastructures with prior consent of the Commission. In the event of any differences or disputes between the Infrastructure Provider and Infrastructure Seeker and failure to resolve the differences or disputes amicably among themselves, aggrieved party shall refer the matter to the Commission for resolution of the same. The decision of the Commission in that regard will be final and binding.

6.7 6.8

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INFRASTRUCTURE SHARING FORM A

Request for Infrastructure Sharing (to be filled by the Infrastructure Seeker) 1. Details of Infrastructure Seeker: a. Name of the Licensee/Company: b. License No. and Date of Issue/Renewal: c. Type of Telecommunication Services Provided by the Infrastructure Seeker: 2. Details of Infrastructure Provider: a. Name of the Licensee/Company: b. License No and Date Issue/Renewal: c. Type of Telecommunication Services Provided by the Infrastructure Provider: 3. Details of the Infrastructure: Sl. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Items Reference Number of the Request Type of the Infrastructure (s) Location/Address of the Infrastructure Purpose of Sharing the Infrastructure Duration of Sharing Date of Request by the Infrastructure Seeker Last date of Approval/Rejection by the Infrastructure Provider Last date of Negotiation Inspection or Survey to the Infrastructure is Required by the Infrastructure Seeker Any Other Information Yes / No Description

Authorized Signature of the Infrastructure Seeker

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INFRASTRUCTURE SHARING FORM B

Approval / Rejection of Infrastructure Sharing (to be filled by the Infrastructure Provider)

1.

Details of Infrastructure Provider: a. Name of the Licensee/Company: b. License No. and Date of Issue/Renew: c. Type of Telecommunication Services Provided by the Infrastructure Seeker:

2.

Details of Infrastructure Seeker: a. Name of the Licensee/Company: b. License No. and Date Issue/Renew: c. Type of Telecommunication Services Provided by the Infrastructure Provider:

3.

Details of Approval by the Infrastructure Provider: Sl. No. 1. 2. 3. 4. 5. 6. 7. Items Reference Number of the Infrastructure Seeker Request Reference Number of Approval Type of the Infrastructure (s) Location/Address of the Infrastructure Duration of Sharing Date of Agreement / Negotiation Any Other Information Description

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4.

Details of Rejection by the Infrastructure Provider Sl. No. 1. 2. 3. 4. 5. 6. Items Reference Number of the Infrastructure Seeker Request Reference Number of Rejection Type of the Infrastructure (s) Location/Address of the Infrastructure Reasons of Rejection Any Other Information Description

Authorized Signature of the Infrastructure Provider

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